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HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, MARCH 28, 2012 - 6:30 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Hill called the regular meeting to order at 6:30 p.m.
2. Invocation was given by Pastor Seth Goldsmith, Coastal Community Church.
3. The Pledge of Allegiance was led by Council Member Gillmor
4. ROLL CALL
Citv Council Present:
Mayor Jim Hill
Vice-Mayor pon Wright
Council Member Andrea Coy
Council Member Richard H. Gillmor
Council Member Bob McPartlan
Staff Present:
City Manager, AI Minner
City Attorney, Robert Ginsburg
City Clerk, Sally Maio
Deputy City Clerk, Jeanette Williams
Community Development Director, Joseph Griffin
Administrative Services Director, Deb Krueger
Building Director, Wayne Eseltine
Finance Director, Ken Killgore
Deputy Police Chief, Greg Witt
MIS Engineer Analyst, Rob Messersmith
5. AGENDA MODIFICATIONS
Modifications and additions require unanimous voted of City Council Members
None.
6. PROCLAMATIONS. AWARDS, BRIEF ANNOUNCEMENTS
Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public
input or action under this heading.
Mayor Hill changed the order of the next items to accommodate the recipients.
12.038 C. Proclamation — National Telecommunicators' Weeks — April 8— 14, 2012
Mayor Hill read the proclamation and presented it to three of the City Police
Department dispatchers.
Regular City Council Meeting
March 28, 2012
Page Two
12.039 D. Presentation of Citv of Sebastian Fiscal Year 2010-2011 Comprehensive Annual
Financial Report (CAFTR) bv Harris, Cotherman, Jones, Price and Associates
(Report Under Separate Cover)
Ross Cotherman, of Harris, Cotherman, Jones, Price and Associates, noted the
the Government Finance Officers Certificate of Achievement is a volunteer
program and the current year's statement will no doubt receive the same
certificate; briefly outlined various sections of the report for the benefit of Council
(pg 5 management letter, pg 77 historical statistics, pgs 111 single audit section,
pg 113 grants, pg 119 management letter, pg 120 Auditor General rules) and
noted comments were provided advising that the purchasing card program should
have a policy signed by employees which has been completed. He thanked the
Administrative Services staff for their high level of professionalism and
cooperation. Council thanked the auditors for their report.
12.033 B. Certificates of Appreciation to Alan Kavser and Michele Hennessev for their
Planninq and Zoninq Commission Service
Mr. Kayser and Ms. Hennessey were not in attendance and their certificates will be
provided to them.
12.037 A. Emplovee of the 4th Quarter — Linda Lohsl Blasko
Mayor Hill read a brief description of Ms. Blasko's duties, presented her with a
plaque and thanked her for her commitment to the City.
E. Brief Announcements
i. Easter Egg Hunt in Riverview Park East — April 7th, 2012 at 10 a.m.
Mr. Gillmor announced the Sebastian River Art Club judged two day show in Riverview
Park this weekend. Mayor Hill announced the Easter Egg Hunt in Riverview Park on April
7cn
7. CONSENT AGENDA
All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate
discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed
and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should
request a Council Member to remove the item for discussion prior to start of the meeting or by raising his✓her hand to be
recognized.
A. Approval of Minutes — 3/14/12 Meeting
12.040 B. Approve FY 2012-2013 Budget Calendar (Administrative Services Transmittal,
Calendar)
12.041 C. Resolution No. R-12-11 - Partial Vacation of Easement 874 Carnation Drive
(Community Development Transmittal, R-12-11, Site Map, Staff Report,
Application, Utility Letters)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A
PORTION OF A CERTAIN EASEMENT ON LOT 20, BLOCK 232, SEBASTIAN HIGHLANDS UNIT
6; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR
EFFECTIVE DATE.
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Regular City Council Meeting
March 28, 2012
Page Three
MOTION by Mr. Gillmor and SECOND by Ms. Coy to approve consent agenda items A-C.
Result of the roll call vote:
AYES: All
NAYS: None
Passed 5-0.
8. COMMITTEE REPORTS & APPOINTMENTS
City committee reports and Council Member regional committee reports. No public input or action except for City committee
member nominations and appointments under this heading.
12.042 A. Accept Communitv Redevelopment Agencv (CRA) Annual Report of Activities as
Required bv FS and Announce Availabilitv of Document to Public (Finance
Director Transmittal, Report)
The City Manager said this was the final action to accept the CRA report.
MOTION by Ms. Coy and SECOND by Mr. Wright to accept the CRA report.
Result of the roll call vote:
AYES: All
NAYS: None
Passed 5-0.
9. PUBLIC HEARING - None
10. UNFINISHED BUSINESS
12.043 A. Discussion — Potential Fertilizer Ordinance (Citv Manaqer Transmittal, Model
Ordinance, Proposed Ordinance, F.S. 403.9337. Chart)
The City Manager said he was looking for direction on how to move forward, noting the
City, because it is on impaired waters, is required to move forward with the model
ordinance.
6:52 pm Public Input
Jane Schnee, said she lived on Marathon Key for 20 years and when she left she couldn't
see six inches into the water, nothing could survive, so she moved to Sebastian and did
not want to move again, she hoped we can stop pollution in the Indian River Lagoon
particularly by phosphates and fertilizers.
Graham Cox, said he was attending for Dr. Richard Baker, Audubon Society, who asked
him to come and support the ordinance. He said they were working on quality of life
indicators for the County to include water quality and iYs relation to the overloading of
nutrients that shouldn't be there, referred to an e-mail from David Botto explaining how
crucial it is to keep the nutrients out of the water (see attached). He said there are two
repetitive sections on page 7 of the draft ordinance in regard to commercial applicators,
and said we need to do the best that we can.
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Regular City Council Meeting
March 28, 2012
Page Four
Todd Jasko, Florida Turfgrass Association, said he supported the fertilizer ordinance and
limiting nutrients, but was concerned with the additional recommendations by the Natural
Resources Board as they go against the FDEP, Florida Department of Agriculture and the
University of Florida IFAS who put together the model ordinance. He said the Natural
Resources Board recommendations have been rejected by those entities because they
are not based on sound science and have negative consequences and he asked that
ordinance be adopted as written for the best interest of water quality.
Mayor Hill noted the agenda transmittal says the Natural Resources Board made a
recommendation and asked the City Manager to clarify how the recommendation was
presented. The City Manager said his transmittal was poor word choice, the Board didn't
make a recommendation but discussed it, and he included the avenues of direction he was
seeking from Council which are to adopt the model ordinance or the more stringent
ordinance that was discussed by the Board.
Mayor Hill said the transmittal indicates the Board made a recommendation of the
ordinance with two additional measures but he did not think the Board made the formal
recommendation.
The City Clerk noted the Board had been asked to write their individual recommendations
and provide them to the Board Liaison, Ginny Sieferd, who compiled them and put them in
Council mailboxes in January. Mayor Hill clarified that the Board didn't make a motion
with a second with the passing of the recommendation so there is no direction from the
Board on this issue.
Ms. Coy said the Board did have discussion and it was compiled and she suggested
sending it back to the Board for a formal recommendation. Mayor Hill clarified that in his
opinion a recommendation to Council as stated, did not occur. He and Ms. Coy agreed to
disagree.
Mr. Wright said as he reviewed the documents, he found that local governments can
consider scientific information from Florida agencies to develop a more stringent
ordinance which then becomes public record. He said he didn't think the City had
gathered the scientific data which could be an on going issue and suggested those
wanting the more stringent ordinance help with the gathering of data.
He noted in the last section of the ordinance does not apply to farm operations, expressed
concern because they have a significant water system that moves a lot of the fertilizer
from the farms into this area. He said he would like to identify the real sources and look at
viable options for homeowners. He asked the City Manager how they will comply with the
requirement of keeping grass clippings out of the storm water conveyance noted on page
64 (q).
The City Manager responded there is a similar statement in the Florida Friendly model but
the direct answer is there isn't a way to enforce it, but the ordinance is intended as an
educational ordinance so folks can manage their property with the best management
standards as the commercial and governmental applicators do.
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Regular City Council Meeting
March 28, 2012
Page Five
Mr. Wright said if it is meant to educate, how it will be put out to public. The City Manager
said they will post it on the website, post at City Hall and have literature. Mr. Wright said
they should follow up on the education to improve the water quality and be a good
objective.
Mr. Gillmor said the Natural Resources Board did talk about the ordinance but made no
motion, the ordinance came from the Treasure Coast Regional League of Cities, he also
lived in the Keys and personally has seen the waterways degraded, and he asked if the
Florida law is requiring the City to adopt the model ordinance.
The City Manager said that is how he reads the statute. Mr. Gillmor said the ordinance
will be primarily educational, there will be no fertilizer/clipping police, and at the very least,
they should enact the model ordinance.
7:13 pm He said he agreed with Mr. Wright, that if they tried to put more teeth into the ordinance,
they would need the scientific documentation cited on page 68.
MOTION by Mr. Gillmor and SECOND by Mr. Wright to bring back the model ordinance as
an agenda item.
Ms. Coy said it is distressing to see Sebastian is in the watershed of an impaired water
body, asked why accept the minimum standards, she would support the Natural
Resources Board's recommendation.
Mayor Hill said they are all concerned about our waterways, the City has led the way over
the last ten years with many stormwater projects to reduce runoff and those projects have
made him proud of what they have done. He said the problem with blackout dates is that
you need to rely on science; the State ordinance requires best management practices and
noted the professionals are not the problem, because the State in January 2014 will
require a license for commercial applicators. He cited his 20 years experience and two
degrees and noted he has probably applied thousands of pounds of fertilizer and never
had a single incident so the professionals are not the ones they should be going after. He
said if they passed more than the State requirement it would hurt the industry, the
turfgrass will take up those nutrients, and he would support the State model ordinance
because it is required but nothing stricter than that.
Mr. McPartlan asked if this ordinance applies to only professionals and the City Manager
responded that in January 2014 the State will require licensed lawn care professionals
applying to urban landscapes to be licensed, and a private property owner does not need
to be licensed and the ordinance says they are going to follow best management
practices.
Mr. Wright noted on page 65 there is a reference to non-commercial applicators who are
encouraged to follow the ordinance. Mayor Hill pointed out that was the ordinance
provided by the City Attorney as a more strict ordinance. The City Manager noted that is
not in the Florida Friendly ordinance.
The City Attorney responded to Mr. McPartlan's question, noting it does apply to
homeowners as well, citing definitions in the model ordinance for "application" and
"person" and also "prohibited application period" noting those are the times when
homeowners should not be applying fertilizer.
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Regular City Council Meeting
March 28, 2012
Page Six
Mr. McPartlan said he saw the benefits of the Florida Friendly model ordinance, they
could start small, and if it needs to be tweaked it can come back.
Result of the roll call vote:
AYES: Gillmor, McPartlan, Hill, Wright
NAY: Coy
Passed 4-1 (Coy — nay).
11. PUBLIC INPUT — none.
12. NEW BUSINESS
12.004 A. Resolution No. R-12-10- FY 12 1St Quarter Budqet Amendment (Administrative
Services Transmittal, R-12-10, Comparison Actual to Budaet, Capital Proiect
Status. Schedule of Investments, Accomplishments)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING
AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011 AND ENDING
SEPTEMBER 30, 2012 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read the title of Resolution No. R-12-10 and the Finance Director briefly
explained the amendment, and investments status.
MOTION by Ms. Coy and SECOND by Mr. Wright to approve Resolution No. R-12-10.
In response to Mr. Gillmor the Finance Director explained unexpended funds for
unfinished projects from the previous year are carried over, and it does not reflect an
increase in revenues.
Result of the roll call vote:
AYES: All
NAYS: None
Passed 5-0.
12.044 B. Authorize City Manaqer to Solicit Bids for FY `10 Pavinq Bank Note at Lower
Interest Rate Due to Current Market Conditions (Administrative Services
Transmittal, Schedules)
The City Manager said staff was looking to proceed with refinancing the bank note based
on the current interest rate drop, to extend the note one year which will enable them to
budget for more street improvements.
7:35 pm MOTION by Mr. Gillmor and SECOND by Mr. Wright to move approval of staff
recommendation.
Result of the roll call vote:
AYES: All
NAYS: None
Passed 5-0.
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Regular City Council Meeting
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Page Seven
12.036 C. First Readinq of Ordinance No. 0-12-05 — Veterans Advisorv Board — Set Public
Hearing for April 25, 2012 (City Attornev Transmittal. Proposed 0-12-05)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CREATING
THE VETERANS ADVISORY BOARD; PROVIDING MEMBERSHIP, MISSION, PROCEDURES,
AND A REPEALER; REFERENCING CONFLICTING PROVISIONS; PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE.
The City Attorney read the title of Ordinance No. 0-12-05 and the City Manager said this
was directed by City Council.
MOTION by Ms. Coy and SECOND by Mr. Gillmor to pass ordinance No. 0-12-05 on first
reading.
Ms. Coy said Ed Irons from the American Legion, and Jack Willis from VFW were present
to answer any questions.
The City Attorney noted the public hearing for final adoption will take place on April 25tn
Result of the roll call vote:
AYES: All
NAYS: None
Passed 5-0.
12.045 D. Lease Option — Sebastian Municipal Airport Buildinq - National Aperture, Inc. —
Salem, New Hampshire (Airport/Economic Development Transmittal, Offer, Profile,
Process, MOU, Lease Option)
The City Manager said the Community Development Director has been working with
National Aperture on this, they are almost ready to commit, and for today are asking for a
lease option, and if they move in, they will pay $8.50 per sq ft and create six new jobs.
MOTION by Ms. Coy and SECOND by Mr. Wright to approve.
Mr. Wright asked for clarification on the term and the Community Development Director
said if they choose to activate the lease option it would be a five year lease with a three
year option, they had one year to finalize the option and activate it, and it will come back
to Council prior to that action.
In response to Mr. Wright who asked if there are any environmental concerns, the Director
said the machine shop will stay in New Hampshire and their clean operation will be here,
in fact, they are looking at a large open area the lease site to make a"clean" room for their
production.
Result of the roll call vote:
AYES: All
NAYS: None.
Passed 5-0.
13. CITY ATTORNEY MATTERS — none.
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Regular City Council Meeting
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Page Eight
14. CITY MANAGER MATTERS
The City Manager announced the Police Pension ordinance will be brought forward for a
public hearing on April 11th and has been advertised.
12.027 A. Schumann Park Palmetto Hedge (No Backup)
The City Manager said the Parks and Recreation Committee is asking to keep the hedge
and staff will keep it trimmed. There was no objection.
15. CITY CLERK MATTERS - None
16. CITY COUNCIL MATTERS
A. Council Member Cov
Ms. Coy said she would like to invite FPL to give a presentation for the benefit of the
public at an open forum on installation of smart meters, because she has been receiving
calls and can't answer citizen questions. She suggested one in the afternoon and one in
the evening. She said she and Amy Brunjes with FPL have exchanged phone messages.
Mayor Hill said it was a fantastic idea, said it could include information about the proposed
rate increase and suggested it be in chambers so it can be televised. Everyone concurred
and it was agreed it would not be a Council meeting.
Ms. Coy said she was meeting with the Manager of Home Depot who called on ideas he
had to work with the City on Team Depot projects to benefit seniors and she would report
back to Council.
B. Council Member Gillmor
Mr. Gillmor agreed with FPL giving a presentation on smart meters, noting they had
spoken to Treasure Coast League of Cities.
Mr. Gillmor suggested an idea to "Spruce up Sebastian", that it would be great if the City
would sponsor a Spring Cleaning weekend, suspend fees so churches could fix up
houses in need of repair and maybe replace sections of fence that have fallen down. He
said there are some local churches that will be doing work for folks who don't have the
capacity to clean up. Mayor Hill suggested he compile the information and bring it forward.
Ms. Coy expressed concern for suspending fees for building permits because that is
technical and important. Mr. Gillmor said there is a church that will be putting on a roof
and they are raising the money for the permit.
C. Council Member McPartlan - none.
Regular City Council Meeting
March 28, 2012
Page Nine
D. Mavor Hill
12.026 i. Impact Fee Discussion (No Backup)
Mayor Hill said he watched the last meeting while he was away, and there was discussion
on impact fees, and direction to go forward to schedule a Mayors' meeting to provide
information.
Mr. Wright said he had addressed the County Commission and by a split vote they had
continued the suspension of some of the impact fees already under suspension. He said
he had made a presentation that they consider suspending impact fees, that there had
been a motion but it failed to move forward for lack of second. He said in Indian River
County the three biggest problems are close to 18% unemployment, 50% reduction of
property values, and the crushing burden of social services, that our primary industries are
citrus, tourism and construction and construction is extremely bad, and asked what can
municipal government do to turn that around. He said he would like to get a dialogue
going in Indian River County about what can be done for a more positive effect. He said
local business and homeowners want to expand their business and the fees are an
impediment, citing Capt Hiram's Squiddly's Books, and the Stihl Oil property, and said we
owe it to the citizens to help them.
Mayor Hill said he appreciated Mr. WrighYs work on this and his passion, and agreed we
need to do what we can to generate growth, reminding Council that six years ago we tried
to stymie growth, but times are changing. He said he was pleased IRC added two years
to the suspension of some of the fees, but he would like to have a clear understanding if
we eliminated all fees, for example when Liberty Square is finally developed or when other
development starts up, who will pay for road improvements.
Mr. Wright said the requirements to approve a subdivision are to take care of access
roads, the roads in the subdivision and the water which are substantial.
Mayor Hill said he believed that discussion needs to occur before Council goes forward
and Mr. Wright responded Council did that already and had a vote to suspend impact
fees.
Mayor Hill said that was approved, but there was also discussion of getting other
communities involved, but he would like to discuss all ramifications of eliminating fees
first.
Mr. Wright said one of the Commissioners said he would like to get input back from the
Mayors' meeting, and said he knew that the City of Fellsmere would like to discuss this
and the discussion would be about the ramifications, so it would be a good forum to put it
on the table and get input from other Mayors, and discuss coming to an understanding as
to what we can or cannot do to help citizens.
Mayor Hill said they were on the same page, and a Mayors meeting would be good forum
but there was talk going around of a North County opt out, and replacing the fees with gas
tax and they have to have their arms fully wrapped around it. He said he would be happy
to call a Mayor's meeting with Mr. Wright representing Sebastian Council to gather
information. Mr. Wright said the comment about withdrawing was suggested by
Commissioner Gary Wheeler.
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Regular City Council Meeting
March 28, 2012
Page Ten
Ms. Coy said maybe Council should discuss it first but Mayor Hill said the idea would be
simply to have a Mayors' meeting and come back with information for Council discussion,
and best to wait until all information is put out there.
Ms. Coy agreed as long as there was no commitment on our part. Mayor Hill said the
Mayors' decision would have to come back to their Councils since one person could not
make a decision for the governing body.
E. Vice Mayor Wriqht
Mr. Wright said his presentation made at the County meeting for impact fees would be the
basis for discussion at Mayors' meeting. He noted in looking for solutions to problems
requires people to discuss things they have put away and aren't comfortable bringing back
to the table and he looked forward to moving ahead.
17. Being no further business, Mayor Hill adjourned the regular meeting at 8:08 pm.
Approved t the Ap il 11, 2012 Regular City Council meeting.
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i ill, Mayor
ATT�S�: /
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Sally A. Mai , MMC — City Clerk
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Page 1 of 1
Saily Maio
From: David Botto [dbotto1 @cfl.rr.com]
Sent: Tuesday, March 27, 2012 12:30 PM
To: Jim Hill
Cc: Ken Tworoger; Richard Baker; Walt StieglitZ
Subject: Fertilizer Ordinance
FROM: David Botto, Chair, Fisheries Campaign, Marine Resources Council
TO: Mayor Hill and City Council Members
Dear Mayor Hill;
We have read the proposed fertilizer ordinance that you will be considering today. We
commend Sebastian for taking this important step to join the effort to save our treasured Indian
River Lagoon fishery.
Empirical evidence is overwhelming that nutrient pollution from urban fertilizer run off is
causing serious harm to the Indian River Lagoon. The lagoon suffers from up to 50% more
phosphorus and nitrogen than it can handle.The result is loss of sea grass, reducing our fin
and shell fisheries and a multi-billion dollar industry. The cost of cleaning the pollutants from
the lagoon, to be shared by basin communities, will be very high. Control at the source will cost
nothing and, even with only 50% compliance, has been shown to reduce by as much as 28%
the volume of nutrients reaching impacted waters. This solves over half of the 50% over load
problem at no cost. We Floridians traditionally over fertilize and over water our lawns. We had
better change our ways or suffer loss of our fishery. The longer we delay, the more difficult and
costly will be the cure. A strong fertilizer ordinance has been enacted by over 50 Florida
governments. It is a valuable educational tool and results have been better than expected as
property owners and professional applicators move to support what they see as the right thing
to do. Tampa Bay reports that sea grass is expanding at a rate of 600 acres a year.
The core requirements for an ordinance that will effect a meaningful reduction in nutrient
pollution in the waterways are (a) zero use of fertilizer containing phosphorus unless bonafide
soil tests show that there is a deficiency and (b) the use of fertilizer containing at least 50%
slow release nitrogen to reduce rapid leaching and run off loss of active nitrogen into the
waters. We believe that these are the minimum requirements and are essential to an effective
ordinance. Compliance with these requirements has proven to result in both an expanding
fishery and improved plant health.
In view of this, we respectfully suggest that, in your proposed ordinance, the wording of the
definition of Fertilizer be changed to delete the stated exception of mixes of weed and feed and
pesticides. Pesticides and herbicides are very harmful to marine life and, most important, this
exception provides a huge loophole for sellers and applicators to avoid the restriction on
nutrient over use that is the purpose of this ordinance. The exception has the potential to void
entirely the main objective.
Sincerely,
David Botto
3/27/2012